Construction_Contract__Post_Office_Square.pdf

CITY OF BRIDGEPORT

CONTRACT FOR CONSTRUCTION SERVICES

WITH

FOR

BUILDING FAÇADE CONSTRUCTION – 1126 MAIN ST, BRIDGEPORT, CT

PARCEL # 6019 and 1136 MAIN ST, BRIDGEPORT, CT , PARCEL # 6012

PROJECT # PEB068225-R

This Contract entered into this ______ day of ____________, 2025 (the “Effective Date”), by the CITY OF BRIDGEPORT, a municipal corporation organized and existing under the laws of the State of Connecticut (hereinafter referred to as "City"), acting by and through Joseph P. Ganim, its Mayor, duly authorized, , a limited liability company organized and existing under the laws of the State of Connecticut with an office and principal place of business located at acting herein by , its Owner, duly authorized (hereinafter, the "Contractor"), and FBN 1126, LLC, a limited liability company organized and existing under the laws of the State of Connecticut with an office and principal place of business located at 881 Lafayette Blvd, Retail 2, Bridgeport, CT 06604, acting herein by Fred H. Frassinelli, its Managing Member, duly authorized (hereinafter, the “Owner”). The Contractor, Owner, or the City may individually be referred to herein as the “Party” or collectively as the “Parties.”

All parties agree that:

• 1126 Main St, Bridgeport, CT., Parcel # 6019 is Owned by FBN 1126, LLC

• 1136 Main St., Bridgeport, CT., Parcel # 6012 is Owned by the City of Bridgeport

ARTICLE 1. WORK TO BE DONE

1.1. The Contractor shall furnish all the materials, machinery, implements, tools, labor, services, and other items of every kind (the “Work”) using its best skill and attention required to perform and complete in the most substantial and workmanlike manner the project generally identified as Building Façade Construction - 1126 Main St, Bridgeport, CT, Parcel # 6019 and 1136 Main St, Bridgeport, CT, Parcel # 6012, Project # PEB068225-R (hereinafter, the “Project”). The project is more particularly described in the plans and specification shown on entitled AMS Real Estate ( Fred FASSINELLI Façade Rehabilitation Project 1126 Main Street, Bridgeport, CT dated 8/30/21 as prepared by K.A. Davignon, Architect ( Plans and Specifications) (Exhibit 2) (The Work shall be performed in strict compliance with the Contract Documents as that term is defined in Article 3 thereof.

1.2. The City will compensate the Contractor for the satisfactory completion of the Project and of all of the Contractor's duties, obligations and responsibilities under this Contract, subject to additions and deductions as herein provided, the total sum not to exceed DOLLARS AND 00/100 CENTS ($ ) in total, in the manner set forth herein and the Contract Documents. Notwithstanding the foregoing, the Unit Pricing and Allowance set forth in the Contractor’s Proposal (defined below) shall be applied to all Work performed by the Contractor and compensation shall at all times be limited to quantities of units actually used in the performance of the Work by the Contractor and accepted by the City. The City reserves the right to use any combination of the Base Bid and Alternates to compose the scope of the Work.

1.3. The Project shall be performed in accordance with the true intent and meaning of the Contract Documents without any expense of any nature whatsoever to the City exceeding the compensation stated herein. The Contractor’s Work hereunder shall be overseen by , its duly authorized representative.

1.4. The Contractor hereby represents that it has carefully examined and understands all of the terms and requirements of the Contract Documents, has investigated the nature, localities and Site of the Project and the conditions and difficulties under which it is to be performed and that it enters into this Contract on the basis of its own diligent examination, investigation and evaluation of such and not in reliance on any opinions or representations of the City or any third party, including any officer, agent, servant or employee thereof.

ARTICLE 2. ADMINISTRATION OF CONTRACT BY CITY

2.1. The Work to be performed under this Contract shall be overseen on behalf of the City by [ CITY EMPLOYEE & DEPARTMENT ], or his designee, referred to as the "Director." The Contractor acknowledges and agrees that any instructions, reviews, advice, approvals or directives rendered to it by the Director or his designated representative consistent with the Contract Documents are authorized on behalf of the City. However, notwithstanding the above, no advice, directive or other recommendation or request by the City shall give rise to liability or responsibility on the City’s part for any portion of the Work, nor shall it relieve the Contractor of its responsibilities hereunder.

ARTICLE 3. DOCUMENTS FORMING THE CONTRACT

3.1 This Contract, together with the other Contract Documents are all intended to supplement and complement each other and shall, to the fullest extent possible, be so construed and interpreted. If, however, any provision of this Contract irreconcilably conflicts with any provision of the other Contract Documents, the provision imposing a greater obligation on the Contractor shall govern.

3.2. The Contract Documents shall be deemed to include the following:

3.1.1. City’s Invitation to Bid dated August 24, 2022, Addendum No. 1 dated ____________, Addendum No. 2 dated ____________, and Addendum No. 3 dated _______________, copies of which are respectively annexed hereto and incorporated herein as Exhibits 1, 1-A, 1-B and 1C (collectively referred to as the “Bid Solicitation”);

and

3.1.2. Contractor’s Bid Response dated September 22, 2022 and received on September 22, 2022, a copy of which is annexed hereto and incorporated herein as Exhibit 2 (“Contractor’s Proposal”); and

3.1.3. Insurance Rider, a copy of which is annexed hereto and incorporated herein as Exhibit 3; and

3.1.4. This written Contract, including all bonds and insurance certificates;

and

3.1.5. City of Bridgeport General Conditions for Construction, Rev.

____________ 2025 (“General Conditions”), as amended; and

3.1.6. Any addenda to the general, special, technical or other specifications and conditions for the Project subsequently issued by the City; and

3.1.7. State Labor Department minimum wage rates (if applicable); and

3.1.8. All provisions required by law to be inserted in this Contract, whether or not physically inserted.

3.2. The term “Plans and Specifications” are defined in Article 1.1 as used herein shall refer to the Bid Specifications. The term “Site” as used herein shall refer to 1126 Main St which shall be identified in the Bid Solicitation.

3.3. This Contract, together with the other Contract Documents are all intended to supplement and complement each other and shall, to the fullest extent possible, be so construed and interpreted. If, however, any provision of this Contract irreconcilably conflicts with any provision of the other Contract Documents, the provision imposing a greater obligation on the Contractor shall govern.

ARTICLE 4. EXAMINATION OF DOCUMENTS AND SITE

4.1. The Contractor confirms that it has carefully examined the Site, as well as its surrounding territory. As a result, the Contractor acknowledges that it is fully informed regarding all existing conditions, both natural and man-made, as well as all such above grade, at grade and subsurface conditions that may in any way affect the Work to be done for the proper completion of the Project, including, by way of example, the existence of poles, wires, pipes, ducts, conduits and other facilities and structures of municipal and public service corporations on, over or under the Site. The Contractor further acknowledges that it has secured such information by personal investigation, research, and inquiry into all reasonably available data concerning the actual Site and has not relied upon the estimates or records of the City; and that it will make no claim against the City by reason of reliance on any such estimates, tests, information, data or representations made by any officer, agent, representative or employee of the City, or for costs incurred as a result thereof.

4.2. In addition, the Contractor agrees that, prior to starting any part of the Work, it shall carefully study and compare the Contract Documents, including without limitation, the Specification set forth therein, relative to that portion of the Work in order to facilitate construction and determine whether inconsistencies or conflicts exist.

ARTICLE 5. DATE OF COMPLETION AND LIQUIDATED DAMAGES

5.1. The Contractor further agrees that the Project will begin on the date specified in the Notice to Proceed issued by the City (“Commencement Date”). The Contractor shall diligently and continuously prosecute and complete the same and coordinate its Work with all other work being performed on the Project according to any schedules that may be issued from time to time during the Project, so as not to delay, impede, obstruct, hinder or interfere with the commencement, progress or completion of any part of the Project and so that the Project shall be entirely completed in [________].

5.1.1. The Contractor shall contribute to and cooperate with the development of the Project schedules and other efforts to achieve timely completion of the Work. The Contractor shall be required to provide information for the scheduling of the times and sequence of operations required in order for its Work to meet the City's overall schedule requirements and it shall continuously monitor the Project schedule and the performance of the Work, so as to be fully familiar with the timing, phasing and sequence of operations of the Work and of any other work performed by others on the Project. The Contractor shall diligently execute the Work in accordance with the requirements of the Project schedule including any revisions thereto.

THE CONTRACTOR ACKNOWLEDGES THAT TIME IS OF THE ESSENCE IN TERMS

OF COMPLETION OF THE CONTRACTOR's WORK HEREUNDER BY THE STATED

COMPLETION DATE.

5.2. Extension of Agreement. No extension beyond the completion date shall be effective unless in writing signed by the Director. Any extension shall be for such time and upon the terms and conditions set by the Director, which may include charges for professional services, engineering and inspection expenses incurred, (including expenses incurred by railroad companies on contracts which affect a railroad right of way) as a result. Notice of application for any extension shall be filed with the Director at least [fifteen (15) days prior to the date of completion] set forth above.

5.2.1. The Contractor shall work during such days and times agreed to by the City so as not to interfere with its use or operation of any particular site. However, if the City deems it necessary, it may direct the Contractor to work overtime. If so directed, the Contractor shall work overtime and, provided that it is not in default under any of the terms or provisions of this Contract or of other Contract Documents, the City will pay the Contractor for such actual additional wages paid directly for such overtime work, if any, at rates which have been approved by the City.

5.3. Excused Delay. In the event the Contractor is delayed, obstructed, hindered or interfered with in the commencement, prosecution or completion of the Work by any cause including, but not limited to, any act, omission, neglect, negligence or default of the City or of anyone employed by it, or by any other contractor or subcontractor on the Project, or by damage caused by fire or other casualty or by any other cause beyond the control of and not due to any fault, neglect, act or omission of the Contractor, its officers, agents, employees, subcontractors or suppliers, the Contractor's exclusive remedy shall be an extension of time for a period equivalent to the time lost by reason of any and all of the aforesaid causes. Provided, however, that the Contractor shall not be entitled to any such extension of time unless the Contractor (1) notifies the City in writing of the cause or causes of such delay, obstruction, hindrance or interference within forty-eight (48) hours of the commencement thereof and (2) demonstrates that it could not have anticipated or avoided such delay, obstruction, hindrance or interference and has used all available means to minimize the consequences thereof. Notwithstanding the foregoing, if any of the Contract Documents are at variance with granting such time extension, then the provisions of such documents shall control.

5.3.1. In no event shall the Contractor be entitled to money damages or an adjustment to the sum payable hereunder by virtue of any such delay.

5.4. Unexcused Delay and Liquidated Damages. In the event of a delay in the progress of the Work or disruption of, hindrance, obstruction, or interference with the Work due to any fault, neglect, action or omission of the Contractor or any of its officers, agents, servants, employees, subcontractors or suppliers which results in any additional cost, expense, liability or damage to the City including disbursements incurred by the City (whether incurred in defending claims arising from such delay or in seeking reimbursement or indemnity from the Contractor and/or its surety hereunder or otherwise) or any damages or additional costs or expenses for which the City may or shall become liable, no extension of time shall be granted and the Contractor (and its surety) shall be liable to compensate the City for and indemnify it against all such costs, expenses, damages and liability. In addition, the Contractor shall not only fulfill all of its obligations imposed by this Contract at its own cost and expense, but also work such overtime as may be necessary to make up for all time lost in the performance of the Work and of the Project. Should the Contractor fail to make up for the time lost by reason of such delay, the City shall have the right to hire other contractors to work overtime, if needed, and to take whatever other action it deems necessary to avoid delay in the completion of the Work and of the Project. The cost and expense of such overtime and/or such other action, including all other consequential damages and expenses, shall be borne by the Contractor hereunder.

5.4.1. It is understood by the parties that timely completion of the Project is essential. Failure of the Contractor to complete the Project by the date stated in the Project will result in the City and the public incurring damages, additional costs and inconveniences that would be impossible or extremely difficult to accurately quantify at the time. Therefore, the parties agree that, if the Contractor fails to satisfactorily complete the Project hereunder within the time specified or within any extension of time that may have been allowed, there shall be deducted from any monies due or that may become due the Contractor, the sum of [ DOLLARS ($ )] for each and every calendar day, including Saturdays and holidays, that the Project remains incomplete in accordance with Article 5 of this Contract. This sum shall not be imposed as a penalty, but as liquidated damages due the City from the Contractor by reason of the damages incurred, inconvenience and additional costs and expenses to the public together with other problems suffered as a result of any such delay thereby occasioned.

ARTICLE 6. CONTINGENCIES, EXTRA WORK, AND CHANGES

6.1. Whenever the City determines that, for any reason deemed to be in the best interests of the Project, the Contract Document, including without limitation, the Specifications set forth therein, should be revised to provide for changes, deletions, contingencies, additional or extra work, it may issue a Change Order to the Contractor.

Once the City has issued and signed a written Change Order in its standard form, the Contractor shall forthwith comply with the specifications of such Change Order. In such event, allowances for additions and/or deductions to the prices listed in the bid documents will be made commensurate with such changes in the scope or extent of the Work. Any such action by the City shall not constitute grounds for a claim by the Contractor for damages, loss of anticipated profits, or for costs resulting from any variations between the approximate quantities and quality of Work contemplated in the bid documents and as built.

6.2. All changes, additions or omissions in the Work ordered in writing by the City shall be deemed to be a part of the Work hereunder and shall be performed and furnished in strict accordance with all of the terms and provisions of the Contract Documents based on a negotiated cost for the Work and materials. The Contractor shall be responsible for keeping its surety informed of all such modifications to this Contract.

The obligations of Contractor's surety shall not be reduced, waived or adversely affected by the issuance of such Change Orders, additions or deductions and the City shall not be required to inform the surety of the same or to obtain the consent of the surety to such modifications.

ARTICLE 7. MEANS AND METHODS

7.1. The Contractor shall supervise and direct the Work using its best skill and attention in order to perform and complete the Project according to the Contract Documents in a timely and workmanlike manner. The Contractor shall be responsible for safeguarding the Site and all adjacent property from damage and for implementing all reasonable and necessary construction means, methods, techniques, sequences and procedures for safety precautions, protection against vandalism, and compliance with fire insurance rating bureau procedures, in connection with the performance of the Work.

Contractor further assumes responsibility for all actions and omissions of its agents, employees, subcontractors, suppliers and all of their respective agents, employees and any other person performing any part of the Work.

ARTICLE 8. NO COLLUSION OR FRAUD

8.1 The Contractor hereby agrees that all persons interested as principal or principals in the bid or proposal submitted by the Contractor for this Project are named therein; that this Contract has been secured without any connection with any person or persons other than those named; that this Contract was secured without collusion or fraud; and that neither any officer nor employee of the City, nor any member of the immediate family of any such person, has or will have a financial interest in the performance of this Contract, in the supplies, Work or business to which it relates, or in any portion of the profits thereof.

ARTICLE 9. ESTIMATES AND PAYMENT

9.1 As the Project progresses in accordance with the Contract and in a manner that is satisfactory to the City, the City hereby agrees to make payments to the Contractor based on Unit Pricing and Allowances set forth in the Contractor’s Proposal. The procedure for processing payments is as follows: on or before the last day of each month the Contractor shall submit to the City, in the form required by the City, a written Application For Payment showing the units completed and in place as of that date. From this amount shall be deducted all previous payments and all charges for services, materials, equipment and other items chargeable to the Contractor. The balance of such Application must be approved by the City and should represent the unit pricing work completed in accordance with the terms and conditions of this Contract during the preceding month. The Contractor shall be paid ninety-five (95%) percent of such amount.

( Can we make this 10%) The five (5) percent retained shall be held by the City until final completion and acceptance of all Work covered by this Contract; compliance by the Contractor with all of its responsibilities hereunder including the provision of signed waivers of lien from Contractor, its subcontractors and suppliers; the posting of a twenty-five percent (25%) maintenance bond by the Contractor insuring the Project for a period of two (2) years from the date of final acceptance; and the making of all payments due all subcontractors and material suppliers in connection with the Project. Nothing herein shall modify or limit detailed payment provisions contained in the Contract Documents and approved by the Director.

9.2. Prior to commencing the Work, the Contractor shall submit to the City a detailed Schedule of Values showing the breakdown of the total contract price into its various parts for approval. The City may modify the Schedule of Values or may require additional information or a more detailed breakdown of costs, subject to their final approval. All Applications for Payments will thereafter be submitted according to the approved payment Schedule.

9.3. The City reserves the right to advance the date of any payment (including the final payment) under this Contract if, in its judgment, it becomes desirable to do so.

9.4. The Contractor agrees that, if and when requested to do so by the City, it shall furnish such information, evidence and substantiation as the City may require with respect to the nature and extent of all obligations incurred by the Contractor for or in connection with the Work, all payments made by the Contractor thereon, and the amounts remaining unpaid and the reasons therefor.

9.5. The Contractor warrants that: (1) title to Work, materials and equipment covered by an Application for Payment will pass to the City either by incorporation in construction or upon receipt of any payment for the same by the Contractor, whichever occurs first; (2) Work, materials and equipment covered by Applications for Payment shall be free and clear of liens, claims, security interests or encumbrances; and (3) no Work, materials or equipment covered by an Application for Payment shall be acquired by the Contractor, or any other entity or person performing any Work at the Site or furnishing materials or equipment for the Project, subject to an Contract or arrangement under which any interest therein or an encumbrance thereon is retained by the seller of such or is otherwise imposed by the Contractor or such other entity or person.

9.6. With each Application For Payment the Contractor shall (i) certify to the City and the Owner ( Architect) that the Work, for which payment is requested, (1) has been fully completed in accordance with the Contract Documents; (2) that all amounts owed to any subcontractor and subconsultant for Work or materials covered by all previous progress payments have been paid in full; and (3) that the Contractor has no claim outstanding against the City related to this, or any previous progress payment, except any such claim as has been previously served by way of a detailed, verified statement upon the City prior to the filing of such Application For Payment, and (ii) shall submit weekly certified payrolls for the Project in compliance with Conn. Gen. Stat. 31-53 prevailing wages laws. If requested to do so, the Contractor will file signed Waivers of Lien with each Application for Payment in a form satisfactory to the City.

9.7. The Contractor's refusal to accept any payment as tendered shall constitute a waiver of any right to interest thereon.

9.8. It is further agreed that so long as the Contractor fails to comply with any lawful or proper direction concerning the Work or material given by or on behalf of the Director, the Contractor shall not be entitled to have any estimate made for the purpose of payment. No such estimate shall be rendered until the Contractor fully and satisfactorily complies with all such directions.

9.9. If any of the following occurs: (1) a claim or lien is made or filed with or against the City, the Project, or the Project funds by any person claiming that the Contractor or any subcontractor or other person under subcontract has failed to make payment for any labor, services, materials, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work; (2) there is evidence of such nonpayment or of any claim or lien for which, if established, the City might become liable and which is chargeable to the Contractor; (3) the Contractor or any subcontractor or other person under subcontract causes damage to the Work or to any other work on the Project; (4) or if the Contractor fails to perform or is otherwise in default under any of the terms or provisions of this Contract, the City shall have the right to retain from any payment then due or thereafter to become due an amount which it deems sufficient to (i) satisfy, discharge and/or defend against any such claim or lien or any action which may be brought or judgment which may be recovered thereon, (ii) make good any such nonpayment, damage, failure or default, and (iii) compensate the City for and indemnify and hold it harmless against any and all actual or potential losses, liabilities, damages, costs and expenses, which may be sustained or incurred in connection therewith. The City shall have the right to apply and charge against the Contractor so much of the amount retained as may be required for the foregoing purposes. If the amount is insufficient therefor, the Contractor shall be liable for the difference and promptly pay the same to the City. No person shall have any right or claim by reason of the City's failure or refusal to withhold monies. No interest shall be payable by the City on any amounts withheld under this provision.

9.10. This provision is not intended to limit or in any way prejudice any other right of the City.

9.11. No payment (final or otherwise) made under or in connection with this Contract shall be conclusive evidence of the proper performance of the Work or of this Contract, in whole or in part, and no such payment shall be construed to be an acceptance of defective, faulty or improper work or materials nor shall it release the Contractor from any of its obligations under this Contract; nor shall entrance upon and use of the Site by the City constitute acceptance of the Work or any part thereof.

9.12. If, in the judgment of the Director, the Project is "substantially," although not entirely, completed, and in this event the withholding of the retained percentage would be an injustice to the Contractor, the Director may, provided that he receives certification that the essential items in the Contract have been completed in accordance with the terms of the Contract, include in the final account such uncompleted items. The City will pay the Contractor therefor at the item prices in the Contract upon the Contractor's depositing with the Director a certified check drawn upon a legally incorporated bank or trust company equal to at least double the value of such uncompleted Work. The deposit may be used by the Director to complete the uncompleted portion of the Contract and any unused portion may be returned to the Contractor upon its satisfactory completion of the uncompleted Work within a specified number of working days after it has been notified to proceed.

ARTICLE 10. PAYMENT TO SUBCONTRACTORS AND SUPPLIERS

10.1. The Contractor shall, within thirty (30) days after its receipt of payment from the City, pay all amounts due any supplier or subcontractor, whether for labor performed or materials furnished hereunder, when such labor or materials have been included in a requisition submitted by the Contractor and paid by the City.

10.2. The Contractor shall include in each of its contracts and subcontracts hereunder a provision requiring each contractor or subcontractor to pay all amounts due any of its own subcontractors (second tier subcontractors), whether for labor performed or materials furnished, within thirty (30) days after such contractor or subcontractor is paid by the Contractor an amount that includes payment for labor or materials furnished by such second tier subcontractor.

ARTICLE 11. FINAL PAYMENT

11.1. Final payment and payment of any amounts retained shall not become due until the following conditions precedent have been met: (1) the City accepts the Project and approves of all the Work performed hereunder; (2) the Contractor submits the following documents satisfactory to the City (a) certification that all payrolls, bills for materials, labor and equipment, and all other indebtedness connected with the Project, for which the City or City's property might be liable, have been paid or otherwise satisfied and that there are no claims, obligations, or liens outstanding or unsatisfied for labor, services, materials, equipment or other items performed, furnished or incurred for or in connection with the Work; (b) written consent of surety, if applicable; (c) a certificate confirming that insurance required by the Contract Documents is to remain in force for the required period of time following completion of the Work; (d) a satisfactory maintenance bond posted with the City ensuring the Project is in compliance with Section 109-15 of the General Conditions for a period of two (2) year from the date of final acceptance (e) the Contractor provides all required certifications that all Work, products and materials comply with Contract Document, including without limitation, the Specifications set forth therein, and have been properly installed and/or incorporated into the Project in accordance with all applicable manufacturers' warranties; (f) all warranties for products, materials and equipment incorporated into the construction of the Project have been transferred assigned to the City; (g) any other information and documentation establishing payment or satisfaction of all outstanding obligations, to the extent and in such form as may be designated by the City, such as, by way of example only, receipts, releases and waivers of liens, including the execution and delivery by the Contractor, in a form satisfactory to the City, of a general release running to and in favor of the City; (h) all required Certified Payrolls acceptable to the City and the State of Connecticut Department of Labor; The Owners and City’s Architect issues a Certificate of Completion certifying the all work has been down in compliance with the Plans and Specifications (i) final punchlist items have been completed to the satisfaction of the City; (h) a certificate of occupancy for the Project has been issued by the Building Department; and (j) all Change Orders with sufficient backup/documentation acceptable to the City. Should any claim be made or other obligation arise after final payment is made, the Contractor shall refund to the City all expenses paid by the City to satisfy, discharge or defend against any such claim, obligation or lien or any action brought or judgment recovered thereon and all costs and expenses, incurred in connection therewith.

11.2. If the Contractor cannot, for reasonable cause not of its own fault, furnish any such information or documentation required by the City, the Contractor may furnish a bond satisfactory to the City promising to indemnify the City against any Project related, outstanding obligation. If any lien remains unsatisfied after final payments are made by the City, the Contractor shall reimburse the City for moneys the City may be compelled to pay in discharging such lien.

11.3. Acceptance by the Contractor, or anyone claiming by or through it, of any interim or final payment hereunder shall constitute and operate as a release of the City and Owner from any and all claims of any liability or responsibility to the Contractor for anything done to, furnished for, relating to or in connection with the Project hereunder, and for any act, neglect, default on the part of the City and/or Owner ,or any of their officers, agents, or employees unless the Contractor serves a detailed and verified statement of claim upon the City and/or Owner prior to the acceptance of such payment.

Such statement shall specify the items and details upon which the claim is based and any claim shall be limited to such items. The Contractor's refusal to accept the final payment as tendered shall constitute a waiver of any right to interest thereon.

ARTICLE 12. FINAL ACCEPTANCE OF WORK

12.1. When, in the opinion of the Director double check for definition – project manager? Employee from city overseeing project, the Contractor has fully performed all the required Work under this Contract and any Change Orders issued for the Project to the Contractor, the Director shall recommend the acceptance of the Work so completed.

If the recommendation is accepted, the City shall thereupon notify the Contractor in writing of such acceptance, and copies of such acceptance shall be sent to other interested parties. However, the City has the right to reject the whole or any portion of the Work should it be found or known to be inconsistent with the terms of the Contract Documents or otherwise improper. All certifications upon which partial payments may have been made, being merely estimates, are subject to correction in the final determination or upon final payment.

ARTICLE 13. SAFETY

13.1. The Contractor agrees that it is responsible for preventing accidents and ensuring safety of all persons engaged in the Project or in the vicinity of the Work including members of the general public. The Contractor shall comply with all laws, ordinances, rules, regulations, codes, standards, orders, notices and requirements concerning safety applicable to the Work, including, among others, the Federal Occupational Safety and Health Act of 1970, as amended, and all standards, rules, regulations and orders which have been or shall be adopted or issued thereunder, and with all safety standards established during the progress of the Work.

13.2. The Contractor shall at all times provide sufficient, safe and proper facilities for the inspection of the Work by the City and its authorized representatives in the field, at shops or at any other place where materials or equipment for the Work are in the course of preparation, manufacture, treatment or storage. The Contractor shall, immediately upon receiving written notice from the City, stop any part of the Work which is deemed unsafe and proceed to take down all portions of the Work and remove all materials whether worked or unworked, that may be noted as unsound, defective or improper or as in any way failing to conform to this Contract or other Contract Documents, including without limitation, the Specification set forth therein. The Contractor, at its own cost and expense, shall replace the same with proper and satisfactory Work and materials and make good all Work damaged or destroyed by or as a result of such unsound, defective, improper or nonconforming Work or materials or by the taking down, removal or replacement thereof. The Contractor agrees that it shall not have nor make any claim for costs, damages, delays or extensions of time arising out of such stoppages. Should the Contractor neglect to take such corrective measures, the City may do so at the cost and expense of the Contractor and may deduct the cost thereof from any payments due or to become due to the Contractor.

13.3. Notwithstanding the foregoing, Contractor shall at all times be responsible for ensuring the safety of all persons and property at the Site, regardless of any action or failure to act on the part of the City. Nothing set forth herein, nor any action or failure to act by the City, shall relieve the Contractor of its obligations and responsibilities with regard to safety and safeguarding of the Site and all persons and property thereon or adjacent thereto.

ARTICLE 14. COMPLIANCE WITH GOVERNMENTAL LAW AND REGULATIONS

14.1. The Contractor shall comply with all applicable laws, codes and regulations governing the Work and the Project and shall require it Trade Contractor and Subcontractors to do the same.

14.2. Without limiting the generality of the foregoing, the Contractor shall comply with The Code of Ordinances of the City of Bridgeport, Chapter 3.08.070.K. In addition, all trade contractors and subcontractors working on the Project shall have, throughout the period of the Work, valid State of Connecticut Department of Consumer Protection issued licenses to do business according to the current, applicable regulations.

14.3. Equal Employment Opportunity and Affirmative Action

14.3.1. The Contractor for itself and all subcontractors and subconsultants employed in connection with the Project shall agree to abide by the provisions of State of Connecticut Executive Orders Numbers 3 and 17 and Vice-Presidential Executive Orders Numbers 11246, 11375 and 11063.

14.3.2. The Contractor or its subcontractors and subconsultants further agree and warrant that in the performance of this Contract it will not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, religion, age, sex, gender identity or expression, marital status, national origin, sexual orientation, ancestry, present or past history of mental disability, intellectual disability, learning disability, physical disability including, but not limited to blindness, unless it is proven that the disability or characteristic prevents proper performance of the Work involved - in any manner prohibited by the laws of the United States or of the State of Connecticut. The Contractor further agrees to take affirmative action to insure that applicants with job-related qualifications are employed and that employees are treated when employed without regard to their race, color, religious creed, age, marital status, national origin, ancestry, sex, gender identity or expression, intellectual disability, mental disability or physical disability including, but not limited to, blindness -unless it is shown by the Contractor that such disability prevents performance of the work involved. The terms stated in this paragraph shall be defined as set forth in Connecticut General Statutes Section 4a-60(d).

14.3.3. The Contractor shall not permit any coercion, intimidation, threatening or interference with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by state or federal laws, including without limitation, the Americans with Disabilities Act.

14.3.4. The Contractor agrees to comply with any request of the City of

Bridgeport or the Connecticut Commission on Human Rights and Opportunities to provide information and permit access to pertinent books, records and accounts concerning its employment practices and procedures.

14.3.5. For purposes hereof, discrimination in employment shall include, but need not be limited to, employment advertising, recruitment, layoff, termination, rates of pay or other forms of compensation, conditions or privileges of employment and selection for apprenticeship.

14.3.6. The Contractor agrees and warrants that it will make good faith efforts to employ minority business enterprises as contractors, subcontractors and suppliers of materials on or related to the Project. For purposes of this paragraph the term “minority business enterprise” shall be defined as set forth in Connecticut General Statutes Section 4a-60(e).

14.3.7. The Contractor will cause the foregoing provisions to be inserted in all trade contracts and subcontracts for any Work related to the Project or covered by this Contract so that such provisions will be binding upon each trade contractor and subcontractor.

14.4. In addition, Contractor shall comply and shall require its trade contractors and subcontractors who perform any Work in connection with the Project to comply with all current, applicable terms of the following, as the same may be amended from time to time:

• The Civil Rights Act of 1964, as amended;

• Federal Labor Standards (29 CFR Parts 3, 5 and 5a);

Davis Bacon Act;

• Copeland "Anti-Kickback" Act (18 USC 874), as supplemented in the Department of Labor Regulations (20 CFR - Part 3);

• Flood Disaster Protection Act (PL 93-291);

• Hatch Act (Title 4 USC Chapter 15);

• Section 504 of the Rehabilitation Act of 1973;

• The Americans With Disabilities Act;

14.5. Prevailing Wage Requirements

14.5.1. This Contract shall be subject to the Connecticut State Prevailing Wage regulations and requirements and applicable prevailing wage rates- as such may be amended or revised from time to time; and

14.5.2. The Contractor shall comply, at its own cost, with all such applicable prevailing wage rate regulations, as the same may be revised or amended from time to time. Under no circumstances shall the Contractor be entitled to any additional payment or any increase in the costs, fees or expenses payable by the City hereunder, based on any increase in the cost of compliance with applicable regulations, requirements or any increase in the applicable, prevailing wage rates.

14.6. State Labor and Employment Regulations

14.6.1. Pursuant to Connecticut General Statutes, Section 31-52a, the following provision shall be incorporated into this Contract and each subcontract hereunder insofar as this Contract or any such subcontract relates to a public works project, including, but not limited to, construction, remodeling or repairing of any public facility or structure (except public buildings covered by Section 31-52), site preparation or improvement, appurtenances or highways, or the preparation or improvement of any land or waterway on or in which a structure is situated or to be constructed:

In the employment of mechanics, laborers or workmen to perform the work specified herein, preference shall be given to persons who are residents of the State who are, and continuously for at least six (6) months prior to the date hereof have been, residents of this State, and if no such person is available then to residents of other states.

14.6.2. Nothing herein shall abrogate or supersede any provision regarding residence requirements in a collective bargaining agreement to which the contractor is a party. Any contractor who knowingly and willfully employs any person in violation of any provision of this section is subject to fines based on current laws.

14.6.3. Pursuant to Connecticut General Statutes, Section 31-53, the following provision shall be incorporated into this Contract and each subcontract hereunder for work relating to the construction of a public works project where the combined total cost of all Work to be performed by all contractors and subcontractors in connection with the new construction of a Public Works Project is One Million Dollars ($1,000,000.00) or more, or for work relating to the remodeling, refinishing, refurbishing, rehabilitation, alteration or repair of any public works project if the total combined cost of all Work to be performed in connection with such project is One Hundred Thousand Dollars ($100,000.00) or more:

The wages paid on an hourly basis to any person performing the work of any mechanic, laborer or worker on the Work herein contracted to be done and the amount of payment or contribution paid or payable on behalf of each such person to any employee welfare fund, as defined in subsection (i) of Section 31-53 of the Connecticut General Statutes, shall be at a rate equal to the rate customary or prevailing for the same work in the same trade or occupation in the City of Bridgeport. Any contractor who is not obligated by Contract to make payment or contribution on behalf of such persons to any such employee welfare fund shall pay to each mechanic, laborer or worker as part of such person’s wages the amount of payment or contribution for such person’s classification on each pay day.

14.6.4 In the event that the City and/or the State of Connecticut determines that any mechanic, laborer or workman employed by the Contractor or any subcontractor directly on the Site for the Work contemplated hereunder has been or is being paid a rate of wages less than that required to be paid, as stated herein, the City may, in addition to all other rights and remedies provided by this Contract and the other Contract Documents or by law, terminate the Contractor's right to proceed with the Work hereunder or such part of the Work for which there has been a failure to pay the required wages. In the event of such termination, the City may prosecute the Work to completion by contract or otherwise and the Contractor and its sureties shall be liable to the City for all costs incurred thereby in excess of the compensation to be paid under this Contract.

14.6.5. Each employer subject to the provisions of Section 31-53 of the Connecticut General Statutes shall comply with the applicable requirements at its own cost and expense and shall not be entitled to any additional payment or increase in its fees payable hereunder as a result of or due to the cost of compliance.

ARTICLE 15. RIGHT TO SUSPEND WORK OR TERMINATE CONTRACT

15.1. If, at any time, the City determines that the Work hereunder is not being performed according to the Contract or for the best interest of the City or should the Contractor at any time refuse or neglect to supply a sufficient number of skilled workers or materials of the proper quality and quantity; or fail in any respect to prosecute the Work with promptness and diligence; or cause by any act or omission the stoppage, impede, obstruct, hinder or delay of or interference with or damage to the Work of any other contractors or subcontractors on the Project; or fail in the performance of any of the terms and provisions of this Contract or of the other Contract Documents; or should there be filed by or against the Contractor a petition in bankruptcy or for an arrangement or reorganization; or should the Contractor become insolvent or be adjudicated a bankrupt or go into liquidation or dissolution, either voluntarily or involuntarily or under a court order, or make a general assignment for the benefit of creditors, or otherwise acknowledge insolvency -- then in any of such events, each of which shall constitute a default hereunder on the Contractor's part, the City shall have the right, in addition to all other rights and remedies provided by this Contract and the other Contract Documents or by law, to temporarily suspend the execution of the Work by the Contractor and proceed with the Work under its own direction in accordance with the Contractor Documents and in such manner as the Director determines to be in the best interests of the City or, the City may terminate the Contractor's employment under this Contract while it is in progress, and thereupon proceed with the Project in such manner and by such process as it determines to be in the best interest of the Project.

15.2 In any of the foregoing events, the Contractor shall not be entitled to receive any further payment under this Contract until the Work shall be wholly completed to the satisfaction of the City, as evidenced by written acceptance signed by the Director. All costs, expenses, losses and damages, and all other charges incurred by the City for the completion of the Work as a result shall be charged to the Contractor and deducted by the City from any monies due or payable or to become due or payable hereunder. Such costs and expenses shall include not only the cost of completing the Work to the satisfaction of the City and of performing and furnishing all labor, services, materials, equipment, and other items required therefor, but also all losses, damages, costs and expenses, (including disbursements incurred in connection with reprocurement, in defending claims arising from such default and in seeking recovery of all such costs and expenses from the Contractor and/or its surety), and disbursements sustained, incurred or suffered by reason of or resulting from the Contractor's default. If such costs and expenses and other charges exceed the amount stated herein, such excess amount shall be charged to and promptly paid by the Contractor to the City. In computing the amounts chargeable to the Contractor, the City shall not be held to a basis of the lowest prices for which the completion of the Project or any part thereof might have been accomplished, but the Contractor shall be liable for all sums actually paid or expenses actually incurred in affecting prompt completion of the Project hereunder. The rights described herein are in addition to any other rights and remedies provided by law.

15.3. Should the City reactivate the performance of the Project, in whole or in part, within one (1) year from the time of suspension, any fees paid to the Contractor pursuant to this Contract shall be applied as payment on the fees as set forth in the Contract at the time of reactivation. Should reactivation occur after a period of suspension exceeding one (1) year but not sooner, the Contractor and the City may renegotiate the Contract based upon current conditions or may unilaterally elect to terminate the Contract.

15.4. Termination or suspension under this section shall not give rise to any claim against the City for damages or compensation in addition to that provided hereunder.

ARTICLE 16. INTERPRETATION OF PLANS/SHOP DRAWINGS

16.1. The Work shall be performed and furnished under the direction and to the satisfaction of the City and, where appropriate, its Architect (K.A. Davignon, Architect) and Engineer (Sound Engineering Associates, LLC). The Contractor shall be responsible for identifying any ambiguity in, or difference in interpretation of the Contract Documents and shop drawings, or between or among any of them, and immediately submitting the issue to the City, which will transmit the same to the responsible professional designer (i.e., Professional Engineer or Architect) who shall resolve the same. Any decision in relation thereto shall be final and conclusive upon the parties. The City will furnish to the Contractor any additional information and plans as may be prepared to further describe the Work and the Contractor shall conform to and abide by the same.

16.2. Notwithstanding the dimensions on the any of the Contract Documents and/or…